Tobes v Egg

[Tobes]

ok so I will be answering that with 'the Claimant would have been more than happy to pay the true costs, rather than unlawful penalty charges, and after receiving a true account of costs would amend this claim to reflect the difference between the two figures' or something like that...

 

Now I just need to defend against the second counterclaim point, which is asking for the full amount I owe on the card, including the penalty fees...So should I say that 'the Defendant accepts that there is owed a balance and is more than willing to make payments with a view to clearing that balance without the need for a court claim, but the figure quoted includes unlawful penalty charges and is vigorously disputed' or should I just say that 'the figure includes unlawful penalty fees and is vigorously disputed'...Basically, should I just deny the amount because it's wrong, or would I be expected to accept the proper debt...which of course could lead to a CCJ :eek:

 

I really appreciate you help!

[Tobes]

god I give up

[alanfromderby]

god I give up

 

?????????????

[alanfromderby]

ok so I will be answering that with 'the Claimant would have been more than happy to pay the true costs, rather than unlawful penalty charges, and after receiving a true account of costs would amend this claim to reflect the difference between the two figures' or something like that...

 

Now I just need to defend against the second counterclaim point, which is asking for the full amount I owe on the card, including the penalty fees...So should I say that 'the Defendant accepts that there is owed a balance and is more than willing to make payments with a view to clearing that balance without the need for a court claim, but the figure quoted includes unlawful penalty charges and is vigorously disputed' or should I just say that 'the figure includes unlawful penalty fees and is vigorously disputed'...Basically, should I just deny the amount because it's wrong, or would I be expected to accept the proper debt...which of course could lead to a CCJ :eek:

 

I really appreciate you help!

 

 

The first part seems fine.

 

On the second part - have you actually defaulted on payments. If not, then on what basis are they demanding repayment?

 

With my Bristol & West claim I have claimed for the full amount of charges levied, and have asked in my POC that the balance of the account on a specified date be off-set against the judgement amount - and that any charges or interest after that date be cancelled.

 

If your claim includes all the unlawful charges, then it would seem to be correct that the balance they quoted at the date of claim should be the off-set figure. Again, providing that they can legally demand full settlement.

[Tobes]

?????????????

 

Don't mind me

[Tobes]

They have defaulted me and so they are demanding the full figure, about £1440.00 This includes the penalty charges of about £600.00

 

Basically it became difficult because of all their charges and in the end I just gave up.

 

So should I actually admit to part of their counterclaim, or because they are requesting the full £1440 just dispute it all, do you think? It's just that whatever happens, they are claiming for a defaulted amount so I am now slightly worried that this will result in a CCJ, even for the remaining £800.00

[alanfromderby]

They have defaulted me and so they are demanding the full figure, about £1440.00 This includes the penalty charges of about £600.00

 

Basically it became difficult because of all their charges and in the end I just gave up.

 

So should I actually admit to part of their counterclaim, or because they are requesting the full £1440 just dispute it all, do you think? It's just that whatever happens, they are claiming for a defaulted amount so I am now slightly worried that this will result in a CCJ, even for the remaining £800.00

 

You are certainly in a tricky situation, and I do not want to give you incorrect advice. Unfortunately it would seem that a number of people are away from the forum today. I will alert someone with a bit more legal experience to have a look at this - but it may not be until tomorrow.

[Tobes]

That's great, I'd really appreciate it! cheers

[Robertxc]

you should check this, but as far as I'm aware their counter claim will be heard after you main claim. This suggests that in order to get you for the balance of the account they'll first have to go through with a full court case to determine their charges.

 

I would be prepared to bet money that this will end with them deducting the amount of the charges plus interest from what you owe them ,and accepting some sort of repayment schedule from you to clear it.

[Tobes]

will that payment schedule be in the form of a CCJ or would it be less formal, since the fees added to the problem?

[Tobes]

And, though I'm perfectly willing to go through with it all and attend court, do you think this WILL get to court - after all, most other cases seem to be settled out of court?

[Robertxc]

And, though I'm perfectly willing to go through with it all and attend court, do you think this WILL get to court - after all, most other cases seem to be settled out of court?

I doubt it. nothing's changed in terms of their ability to justify their charges, so there's no reason to believe they're going to go through with it. The counterclaim is probably for fright value to try to get you to bottle out.

[Tobes]

ok thanks man

 

Just need to decide how to respond to the second point of the countercflaim now!

[Tobes]

ok update: I filed a defence to counterclaim (not sure if I was meant to make any comment on their actual defence!?) and send off the allocation questionnaire...Phoned the court and we're all now waiting for the judge's comments! I suppose he could laugh me out of court but what the hell!!

[Tobes]

hehe received a letter from Egg this morning nearly identical to Yasmin's, and this is my reply:

 

'I am in receipt of your letter dated xxth July, 2006. I hereby reject your settlement offer. I am in fact welcoming the chance of a court room because I disagree with your analysis and confidently believe that my case has merit.

 

I must say that I find your letter to be laughable. It appears to be nearly identical to others you have sent to people making claims against you. You, sir, are most unoriginal. This letter has given me confidence that your defence of Egg is merely a show. I gladly look forward to a court room now that you have rejected my offer of settlement and I have rejected yours.

 

I am unconcerned by your counterclaim. If the court were to order me to pay the full amount you claim or the difference between the penalty charges and said amount I would immediately submit evidence of my unemployed status and an offer of about £2.50 per month which is what I could just about afford. I am not concerned by having a CCJ against my name, so kindly tick that off your list of intimidation tactics. Can you say the same on Egg's behalf?

 

I am perfectly aware of what I am obliged to do by way of proving my case. I need to prove on the balance of probability. This is not a criminal case. On that basis I am very confident.

 

If you are so confident that you are being true and honest in stating that Egg makes NO profit from these charges, that they merely cover costs, please provide me a true and proper breakdown of Egg's costs and I will immediately end this claim. My prescience allows me, however, to know your answer to my reasonable request. So I will see you in court.'

[nathal]

Interesting stuff. How do i keep track of dates, for you people.

[Yasmin]

Any response yet Tobes?? Post when you have....

[Tobes]

No response yet!

[Tobes]

ok apparently after phoning the court for 50th time I have a court date in September!

 

I also sent another response to the counterclaim after advice from Bankfodder in order to put some pressure on them, the idea being that they've stupidly asked for the true costs to be assessed by the court so I've welcomed that with open arms

 

REPLY TO COUNTERCLAIM

The claimant repeats and confirms the particulars of claim.

Paragraph 7 of the defendant’s defence and counterclaim is admitted. The Claimant agrees that he is obliged to reimburse the defendant their actual costs incurred by the Claimant’s breach of contract (this has always been the claimant’s position, but despite the request in the Defendant’s Counterclaim, all requests made by the Claimant to the Defendant for a breakdown of costs in order to pay true costs have been rebuffed).

 

The Claimant requests that the defendant makes full standard disclosure in order to allow the court to assess their true costs – as the defendant has requested in their counterclaim.

 

[Yasmin]

Hi Tobes, when is your court case listed for? Mine is September, just called the court!!

[Tobes]

Hi!

 

Mine's the 19th September but it's actually, it turns out, a Case Management Conference so not the actual hearing...I think it's about deciding which Track etc so I guess this is my chance to request that there be Standard Disclosure...I'm in Reading so they have to come all the way from London unless they use the phone (which I think they're allowed to do) lol

 

Should be interesting - I phoned up and asked if I needed to bring anything (a bottle of wine, chocolates?! ) and they said not if I wasn't ordered to in the letter and it mentioned nothing like that so no pressure for evidence etc yet!

[ninekey]

Wierd. Why has the Court fixed a CMC if you are only claiming £600? Do you remember if, in Egg's Allocation Questionnaire, they requested that it be allocated to the fast track?

 

NK

[Yasmin]

I thought it was a bit weird too, only because I didn't have this. Did not think it was used in small claims. Just delays matters!

[Tobes]

Egg never sent me their AQ..But then again, I didn't send them mine lol

 

I requested small claims track, but i have no idea what Egg has requested...I doubt they would want anything other than small claims because I could then ask for standard disclosure and get them to reveal all their naughty secrets

 

I DID send a letter to the court asking for standard disclosure though...Not sure if that means it CAN'T be small claims...

[Tobes]

Well, Case Managment Conference is on the 19th, i.e. next Tuesday...Not instructed to bring anything with me other than my pretty self and have no idea really what's going to happen!